Lee Cusenbary is the General Counsel at Mission Pharmacal Company in San Antonio. He is also the creator of Ethics Follies®, a musical parody that uses comedy to raise ethics issues. The fully-produced Broadway-style musical combines San Antonio's business leaders and professional actors to engage the community. It is featured each year by The Association of Corporate Counsel (ACC) for their ethics conference which benefits The Community Justice Program. Lee is also a frequent writer and speaker on why "good ethics is good for business," and is a recipient of the San Antonio Business Ethics Award. In 2012, ACC renamed their ethics awards the "Lee Cusenbary Ethical Life Award" in recognition of his commitment to ethics in law and business. Learn more about how you can be part of a more ethical culture at EthicsFollies.com.

Note: This is an mySA.com City Brights Blog. These blogs are not written or edited by mySA or the San Antonio Express-News. The authors are solely responsible for the content.

Non-Discrimination Ordinance Passes Despite An Asian Elephant in the Room

San Antonio’s expanded non-discrimination ordinance passed after much support and vigorous protest at City Hall. City Councilwoman Elisa Chan opposed the non-discrimination ordinance because it provided non-discrimination protection for gay and trans-gender Americans, whom she finds “disgusting.” City Councilman Diego Bernal and others were actively supporting the ordinance. The ordinance expands the City’s current nondiscrimination policy to prohibit discrimination on the basis of sexual orientation, gender identity and veteran status. The ordinance already provided protection against racial discrimination.

The elephant in the room is Elisa Chan’s ethnicity. Despite her personal benefit from the ordinance as an Asian American, she fought hard to keep gay Americans from being protected from discrimination as well. There were many media outlets which asked her whey she would not empathize with Gay Americans who are often treated badly or addressed with hateful speech since she is a minority. Her response to this question was reportedly that she could not change her ethnicity but a gay individual could stop being gay. She believes being gay is something people choose to do electively, like playing tennis. That’s akin to someone saying “Black people run faster because they all have an extra bone in their foot.” It’s simply incorrect.

This sort of lack of comprehension of a fact by a city leader is disturbing at best, and certainly hurtful to many people at worst. In watching Ms. Chan discuss her point of view, she seems to actually believe what she is saying, but it is clear to those of us with friends and family members who are gay that she has no point of reference. She has been an advocate for a position with no homework, due diligence or insights gained through experience. People who spend any time working with or talking to gay individuals know it was never their choice to be gay. It’s as “immutable” a characteristic as being Black, Asian or Hispanic.

When people benefit from regulatory protection but work hard to keep others from the same protection, it is almost always a clear cut case of greed or bigotry. There is nothing ethical that arises out of either of those sentiments. In that same vein, there is no ethical reason to try and keep people who love each other from being together without harassment or hateful speech. None.

However, there may be religious reasons that conflict with acceptance of gay relationships. The freedom of religion in the U.S. is alive and well and should be protected. We should respect everyone’s religious beliefs. However, just as strong and important to the freedom of all Americans is the doctrine of the separation of church and state, where people’s religious beliefs should not be forced upon others through regulation. We must protect people’s rights to gather and worship at church even if they include judgmental or discriminatory acts. Our Constitution requires us to regulate the government from a non-religious building paid for by tax dollars benefitting all people equally. The difference between church and state is as concrete as the City Hall building itself.

Regardless of politics or religion, some things are self-evident. It is wrong and hostile to tell a young man or woman they are second class citizens because when they became aware of their sexuality it was for the same gender. They have no control over the genetic settings they were given by God or evolution. The adoption of the ordinance, while not more than what should done with common respect for another person, gives parents of gay youths a shred of hope to share with their children that they are not going to be ridiculed and hated. Fortunately for those children, more than a majority of the City Council members and the Mayor understand them.

Not being hateful to someone is the least we can do for another human being.